The U.S. Senate on Tuesday confirmed Patricia A. Millett as a judge on the D.C. Circuit, marking the first judicial appointment approval under the Senate's new filibuster rules.
While the revisions to the EU merger rules are meant to reduce the administrative burden and cost for business, the new rules will increase the burden imposed on companies when a close review of the transaction is required in order to assess potential competitive effects. This increased burden may outweigh the benefits of the revision package, say Svajune Sakalyte and Jens Hackl of Morrison & Foerster LLP.
Certainly, no defendant wishes to advocate for greater damages. In addition to having to advance such an untenable position for the privilege of gaining access to federal court, there are at least two other issues that a defendant in the Second Circuit should consider before spending the time and money to seek removal of an action when the complaint is ambiguous on its face as to the amount of damages sought, say Andre Cizmarik and Kara Cormier of Edwards Wildman Palmer LLP.
The Ninth Circuit’s ruling in Rivera v. Peri & Sons Farms — that employers of H-2 workers must reimburse most travel, recruitment and immigration-related expenses — deepens a circuit split on the issue. But the fact that Rivera was authored by strongly conservative Judge Diarmuid O'Scannlain suggests that an opposite conclusion could simply be headed for obsolescence, says Melinda Pilling of Rukin Hyland Doria & Tindall LLP.
While new Small Business Administration regulations will likely increase General Services Administration Federal Supply Schedule set-aside opportunities and prove to be quite beneficial to small businesses, they fail to address a key question that many large and small businesses are grappling with regarding recertification of size status under multiple award contracts, say Todd Overman and Marta Thompson of Hogan Lovells LLP.
The past year has seen a number of major decisions impacting product liability practice, including a very active U.S. Supreme Court regarding the application of the Class Action Fairness Act of 2005. While the trend appears to somewhat favor manufacturers, consumer actions will continue to be fertile areas of litigation in 2014, says Eileen Ridley of Foley & Lardner LLP.
No document review mechanism guarantees perfection, however, the adoption of predictive coding has the potential to drastically alter the way documents are reviewed and produced in complex pharmaceutical and medical device litigation, says Jessica Sykora of Norton Rose Fulbright.
Although courts after Apple v. Superior Court have declined to explicitly hold that the Song-Beverly Credit Card Act does not apply to e-commerce, a practical implication of subsequent decisions is that the collection of personal identification information from online transactions is more likely to be excused because it can help prevent credit card fraud, say Thomas Brown and Kristin Hall of Paul Hastings LLP.
If certain intellectual property assets are to be used in the business being sold as well as the one retained by the seller, the parties must carefully draft language dividing the IP ownership and use rights. Remember that accepting right to use rather than ownership will impact the ability to exclude others from exploiting the IP asset as well as the freedom to use the IP without restriction, say Ethan Horwitz of King & Spalding LLP and Kandis Koustenis of The Francis Co.
Although treatment of the attorney-client privilege has not traditionally been a focus of merger negotiations, such consideration should now be given in light of the Delaware Court of Chancery ruling in Great Hill Equity Partners IV v. SIG Growth Equity Fund I, say attorneys with Paul Hastings LLP.
Since the U.S. Supreme Court's decision to review CLS Bank International v. Alice Corp. was announced on Dec. 6, the wires have been flooded with alarmist articles, but fears that software patents could be categorically excluded from patent eligibility by judicial decree are misplaced, says Linda Thayer of Finnegan Henderson Farabow Garrett & Dunner LLP.